[Congressional Record Volume 161, Number 31 (Tuesday, February 24, 2015)]
[House]
[Pages H1095-H1098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1615
FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING ACT OF 2015
Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 734) to amend the Communications Act of 1934 to consolidate
the reporting obligations of the Federal Communications Commission in
order to improve congressional oversight and reduce reporting burdens.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 734
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications
Commission Consolidated Reporting Act of 2015''.
SEC. 2. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et
seq.) is amended by adding at the end the following:
``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-
numbered year, the Commission shall publish on its website
and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a)
shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video,
audio,
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and data services among providers of telecommunications,
providers of commercial mobile service (as defined in section
332), multichannel video programming distributors (as defined
in section 602), broadcast stations, providers of satellite
communications, Internet service providers, and other
providers of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications
capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)), regardless
of the technology used for such deployment, including whether
advanced telecommunications capability is being deployed to
all Americans in a reasonable and timely fashion;
``(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government, States,
political subdivisions of States, Indian tribes or tribal
organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), or foreign governments) pose a barrier to
competitive entry into the communications marketplace or to
the competitive expansion of existing providers of
communications services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities
in the communications marketplace that were identified
through the assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in
the previous report submitted under this section.
``(c) Extension.--If the President designates a
Commissioner as Chairman of the Commission during the last
quarter of an even-numbered year, the portion of the report
required by subsection (b)(4) may be published on the website
of the Commission and submitted to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate as an addendum during the first quarter of the
following odd-numbered year.
``(d) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider all forms of competition, including the effect of
intermodal competition, facilities-based competition, and
competition from new and emergent communications services,
including the provision of content and communications using
the Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
compile a list of geographical areas that are not served by
any provider of advanced telecommunications capability.
``(3) International comparisons and demographic
information.--The Commission may use readily available data
to draw appropriate comparisons between the United States
communications marketplace and the international
communications marketplace and to correlate its assessments
with demographic information.
``(4) Considering small businesses.--In assessing the state
of competition under subsection (b)(1) and regulatory
barriers under subsection (b)(3), the Commission shall
consider market entry barriers for entrepreneurs and other
small businesses in the communications marketplace in
accordance with the national policy under section 257(b).
``(5) Considering cable rates.--In assessing the state of
competition under subsection (b)(1), the Commission shall
include in each report required by subsection (a) the
aggregate average total amount paid by cable systems in
compensation under section 325 during the period covered by
such report.''.
SEC. 3. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING
AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications
Satellite Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is
repealed.
(b) Satellite Competition Report.--Section 4 of Public Law
109-34 (47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103 of
the Broadband Data Improvement Act (47 U.S.C. 1303) is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(d) Status of Competition in the Market for the Delivery of
Video Programming Report.--Section 628 of the Communications
Act of 1934 (47 U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so
that it appears after subsection (f).
(e) Report on Cable Industry Prices.--
(1) In general.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendment.--Section 613(a)(3) of the
Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended
by striking ``623(l)'' and inserting ``623(k)''.
(f) Triennial Report Identifying and Eliminating Market
Entry Barriers for Entrepreneurs and Other Small
Businesses.--Section 257 of the Communications Act of 1934
(47 U.S.C. 257) is amended by striking subsection (c).
(g) Section 706 Report.--Section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Determination.--If the Commission determines in its
report under section 13 of the Communications Act of 1934,
after considering the availability of advanced
telecommunications capability to all Americans (including, in
particular, elementary and secondary schools and classrooms),
that advanced telecommunications capability is not being
deployed to all Americans in a reasonable and timely fashion,
the Commission shall take immediate action to accelerate
deployment of such capability by removing barriers to
infrastructure investment and by promoting competition in the
telecommunications market.'';
(2) by striking subsection (c);
(3) in subsection (d), by striking ``this subsection'' and
inserting ``this section''; and
(4) by redesignating subsection (d) as subsection (c).
(h) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of
the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is
amended by striking the first and second sentences.
(i) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of
1934 (47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendments.--The Communications Act of 1934
is amended--
(A) in section 9(i), by striking ``In the Commission's
annual report, the Commission shall prepare an analysis of
its progress in developing such systems and'' and inserting
``The Commission''; and
(B) in section 309(j)(8)(B), by striking the last sentence.
(j) Additional Outdated Reports.--The Communications Act of
1934 is further amended--
(1) in section 4--
(A) in subsection (b)(2)(B)(ii), by striking ``and shall
furnish notice of such action'' and all that follows through
``subject of the waiver''; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit report'';
and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and inserting
``Regulations'';
(B) by striking ``Within 1 year after'' and all that
follows through ``on means of assuring'' and inserting ``The
Commission shall issue such regulations as are necessary to
assure''; and
(C) by striking ``Within 180 days after'' and all that
follows through ``to assure such compatibility.''; and
(11) in section 713, by striking subsection (a).
SEC. 4. EFFECT ON AUTHORITY.
Nothing in this Act or the amendments made by this Act
shall be construed to expand or contract the authority of the
Federal Communications Commission.
SEC. 5. OTHER REPORTS.
Nothing in this Act or the amendments made by this Act
shall be construed to prohibit or otherwise prevent the
Federal Communications Commission from producing any
additional reports otherwise within the authority of the
Commission.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. Walden) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members
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may have 5 legislative days in which to revise and extend their remarks
and insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in our multiyear effort to update the Communications
Act, one of the most common themes we have heard is the convergence of
the telecommunications marketplace. No longer are companies just one
service over just one medium. Both technology and consumer expectations
have completely changed the game. However, the agency tasked with
regulating the communications sector still exists in the outdated and
siloed structure that reflects decades-old assumptions, even how they
evaluate and report on the industry.
While that fractured approach will be a continued focus of our
CommActUpdate process, this bill will take an important first step
toward modernizing the way we look at this sector and its regulator.
This legislation consolidates eight separate reports that require the
FCC to evaluate the state of competition in various sectors and
combines those eight reports into just a single biennial report to
Congress on the communications marketplace as a whole.
This bill also takes the important step of eliminating outdated
reports that only serve to junk up the Communications Act and cause
confusion. Reports like the ORBIT Act--which I have a copy of here--are
aimed at ensuring that satellites that were long ago privatized are
procompetitive, an examination that the FCC and the industry recognizes
as both outdated, unnecessary, and burdensome. There are still laws on
the books that address such outdated technologies as telegraphs. This
is a small but significant step toward cleaning up the act and
modernizing the laws and the agency that control this very dynamic
marketplace.
Ensuring that all of the reports on the books are both necessary and
effective helps to reduce the burden on the agency. It also helps the
regulatory agency make more informed decisions.
I would like to take a moment to thank my colleagues, Representative
Scalise, Ranking Member Eshoo, and the ranking member of the full
committee, Mr. Pallone, for their work to make this bill a bipartisan
success both today and, frankly, in the last two sessions of Congress.
I am hopeful that the first bill to pass out of our subcommittee this
Congress is an indication of the work that we can get done when we
collaborate.
Mr. Speaker, I urge all of my colleagues to vote in favor of this
legislation, and I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 734, the FCC
Consolidated Reporting Act of 2015. Congress has charged the Federal
Communications Commission with overseeing industries that make up one-
sixth of our national economy. The communications and technology
sectors are driving economic growth across the Nation, connecting
businesses to markets large and small and delivering innovative new
products and services to consumers.
As part of this critical mission, Congress has tasked the FCC with
compiling reports to provide the public with information about these
dynamic markets. Democrats and Republicans agree that the FCC needs to
collect good data. Consumers and businesses rely on this information,
and we here in Congress need this information, too, in order to make
sound policy decisions and conduct effective oversight of the FCC.
Mr. Speaker, by consolidating certain reports and eliminating
references to other outdated reports, this bill allows the FCC to use
the agency's limited resources more wisely and present a more holistic
analysis of the communications marketplace. At the same time, we have
worked together to ensure this effort to promote efficiency does not
undermine important existing FCC obligations and authorities. We were
able to come to agreement in the Energy and Commerce Committee on
language that preserves the FCC's duty to provide transparency to
consumers about their cable bills and does not alter the FCC's
authority over broadband under section 706.
Mr. Speaker, I want to thank Communications and Technology
Subcommittee Ranking Member Eshoo for her leadership on these issues
and Chairman Upton, Chairman Walden, and Representative Scalise for
working with Democrats to address their concerns during the committee's
consideration of the bill.
In short, this bill is an example of the progress we can make when we
engage in a truly bipartisan process. The consideration of H.R. 734
should be a model for legislative efforts in our committee and the
entire House. Working together through regular order, we crafted
legislation that addressed concerns from both sides of the aisle, and I
look forward to continuing to work with our Republican and Democratic
colleagues in the Senate to help this bill become law.
I reserve the balance of my time, Mr. Speaker.
Mr. WALDEN. Mr. Speaker, I now yield such time as he may consume to
the distinguished gentleman from Louisiana (Mr. Scalise), our majority
whip, and a terrific member of our subcommittee.
Mr. SCALISE. Mr. Speaker, I want to thank the chairman of the
subcommittee, Mr. Walden, for his leadership in bringing this forward
and the ranking member, Mr. Pallone, as well as Ms. Eshoo, the ranking
member of the subcommittee, who has been working very closely I know
with myself and others to bring a good, bipartisan bill that actually
gets rid of outdated regulations and reports.
This FCC Consolidated Reporting Act actually reduces the workload
that the FCC has placed for years and years that has been outdated. If
you look at some of the reports that have been required for years that
they are supposed to go and consolidate and accumulate, they have
reports on competitiveness within the telegraph. Clearly, Mr. Speaker,
it is long past time that we update these laws and get the FCC reform
in place that will finally bring some consolidation so that industry
can look at a full picture instead of a bunch of different silos and
reports that are so outdated, like the telegraph, that they are not
even being done, yet these laws are still on the books.
This is an important reform, and it is a good bipartisan reform that
shows that Congress can work to get these kinds of things done to
actually make things simpler in the real world and make an agency like
the FCC more efficient in their operations.
Mr. Speaker, I urge passage of this bill.
Mr. PALLONE. Mr. Speaker, I would urge support of this bill, and I
yield back the balance of my time.
Mr. WALDEN. Mr. Speaker, I join my friend and colleague from New
Jersey and ask our colleagues to support passage of this legislation,
and I yield back the balance of my time.
Ms. ESHOO. Mr. Speaker, this legislation, the FCC Consolidated
Reporting Act of 2015 (H.R. 734) is a reflection of what our
Subcommittee can accomplish when we work together in a bipartisan
manner.
Earlier this month, Chairman Walden, Rep. Scalise and I introduced
H.R. 734 as a way to streamline Congressionally-mandated reporting
requirements under a single, industry-wide report. I've consistently
supported this goal because it frees the FCC to focus on its ultimate
mission: to protect the public interest and promote competition. These
reports and the data collected serve a critical role in supporting the
FCC's decision-making and our work as policymakers on issues like
broadband deployment and adoption, cable pricing and assessing the
state of competition.
As part of the Committee's markup of H.R. 734, two important
clarifications were made. First, in our effort to consolidate reporting
requirements, the legislation clarifies that the FCC's `706' Report
does not in any way impact or alter the explicit grant of broadband
authority that the court affirmed in the Verizon case last year.
Second, the legislation preserves the FCC's obligation to examine how
retransmission consent fees impact a consumer's monthly bill.
For all these reasons, I support and urge my colleagues to pass H.R.
734.
The SPEAKER pro tempore. The question is will the House suspend the
rules and pass the bill, H.R. 734.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
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Mr. WALDEN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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